In re the Judicial Settlement of Lehrbach
Appellate Division of the Supreme Court of the State of New York
Appeal by Emma E. Lehrbach, as administratrix, etc., from a decree of the Surrogate’s Court of the county of Mew York, entered in said Surrogate’s Court on the 17th day of June, 1910, finally settling the account of the appellant as administratrix and directing distribution.
1ConcurrenceClarke, J.
I concur in the reversal of this order on the dissenting opinion of this court on the former appeal (139 App. Div. 28, 35). I think this case is governed by Matter of Cramer (170 3ST. Y. 271), and that, on the death of Elsa, Emma took in her own right under her mother’s will. She is, therefore, not accountable for anything received from her mother’s estate.
Scott, J., concurred.
Decree reversed and proceedings remitted to Surrogate’s Court for action in accordance with opinion.
2Cases cited1 opinion
- In re the Judicial Settlement of the Account of LehrbachAppellate Division of the Supreme Court of the State of New York · 1910